Gibbons v. Nationstar Mortgage LLC

Filing 18

ORDER granting 16 Motion for Leave to File Amended Complaint, with directions to Clerk and to parties; denying as moot 12 Motion to Dismiss. See order for details. Signed by Magistrate Judge Monte C. Richardson on 2/20/2015. (DLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
KELLY N. GIBBONS f/k/a
KELLY N. HICKS,
Plaintiff,
vs.

CASE NO: 3:14-cv-1315-J-39MCR

NATIONSTAR MORTGAGE LLC.,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff's Unopposed Motion for Leave to File
Amended Complaint (Doc. 16, Motion to Amend), filed February 19, 2015. Plaintiff seeks
to amend the Complaint to address the pleading deficiencies pointed out in Defendant’s
Motion to Dismiss.
Rule 15(a) of the Federal Rules of Civil Procedure states that leave to amend a
pleading “shall be freely given when justice so requires.” Rule 15, Fed. R. Civ .P. As the
Supreme Court further explained in Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230
(1962):
In the absence of any apparent or declared reason–such as undue delay,
bad faith or dilatory motive on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the
opposing party by virtue of allowance of the amendment, futility of
amendment, etc.– the leave sought should, as the rules require, be ‘freely
given.’
The Court finds Plaintiff's Motion to Amend not to be brought in bad faith, for
purposes of delay, or subject to any of the other Foman caveats stated above. Moreover,
Defendant does not oppose the proposed am endment.

Accordingly, after due consideration, it is
ORDERED:
1.

Plaintiff’s Unopposed Motion for Leave to File Amended Complaint (Doc. 16)

is GRANTED.
2.

The Clerk of Court is DIRECTED to file the Amended Complaint (Doc. 16-1),

including the exhibits attached thereto, as a separate docum ent.
3.

If Plaintiff has not done so, Plaintiff shall serve Defendant with a copy of the

Amended Complaint forthwith. Defendant shall file a response to the Amended Complaint
within fourteen (14) days of the service.
4.

Nationstar Mortgage LLC’s Motion to Dismiss (Doc. 12) is DENIED as MOOT.

DONE AND ORDERED in Jacksonville, Florida this 20th day of February 2015.

Copies furnished to:
Counsel of Record

2